Canadian Criminal Evidence/Credibility/Post-Offence Conduct

Post offence conduct is a form of circumstantial evidence.[1] It is admissible based on relevance.[2] The utility depends on what inferences can be fairly drawn from the circumstances in its entirety. [3]

It is considered a “legal term of art” that refers “only [to] conduct which is probative of guilt.” [4] This is more apparent from the previous term used of "consciousness of guilt".[5]

Post-offence conduct cannot be used to infer a degree of culpability, but can be used to attack credibility.[8]

An exculpatory statement that has been discredited can only be used to make to an adverse inference against the accused where there is independent evidence of fabrication.[9] The key is to establish an intent to deceive to support an inference of consciousness of guilt.[10]

The proof of fabrication can be based on the circumstances of the statement.[11] This includes compelling inconsistencies[12] or contradictory statements suggesting concoction.[13]